Can I sue the university police

Asked over 1 year ago - Marietta, GA

I attended a college party and there was an altercation with a gun. The guy who had the gun got arrested and confessed. People said the guy got out my car however no one said I had any involvement with the situation and no one have any statements about me no one could even say I was there at all. Although there wasn't any evidence against me there was an arrest warrant out for my arrest. My charges were possession of a handgun by a convicted felon- I have never had a felony in my life, and possession of a gun o school grounds and in the warrant it is stated that I do not have a license to carry- that is also a lie because I have a license to carry on me right now. Couldn't attend class for 6 days they sent officers to my class multiple times. All charges was dropped and I did turn myself n

Attorney answers (4)

  1. Donald F. Hawbaker

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . Based on what you've described, it doesn't appear you have any meritorious grounds to bring any claim against the university police.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I'll add to the other responses and point out one thing is missing - your involvement with the incident or the person who had the gun. You were careful to dance around that issue by telling us that there is "no evidence" and that no one could say you were there (although you start off by telling us you were there). Even if you had a valid case for a lawsuit, it would be based on the whole story - not just the parts you chose to tell us.

  3. Jesse Cole Kent

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Yes, you can sue - anyone can sue anybody. But you'll have to consider whether you want to pay someone to help you do all of this. If you do it on your own you'll get nowhere, so you'll have to pay an attorney. I suggest you let this one go because it will cost you more in the long run that you could hope to obtain.

  4. William James Atkins

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I disagree (respectfully) with the responses you have received. The circumstances you have described may give rise to a civil rights claim for false arrest under federal law and/or state law, depending on wether you were attending a private university or a public one. The standard for swearing out an arrest warrant is probable cause. LEO had access to your criminal history, so they should have known whether you were convicted of a felony. It is a separate crime to carry a weapon on school grounds, so your ability to file a lawsuit would tern on the evidence supporting the fact that the gun was yours. Most civil rights attorneys will take a case like this (if it has merit) on a contingency fee basis. We have filed and had success in cases of false arrest against UGA police and Clark Atlanta University. Feel free to call our office for a consultation.

    This response is provided for informational purposes only. It is not a consultation and is not legal advice. You... more

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